HomeMy WebLinkAboutOrd 1317 - Updates to the PDMCORDINANCE NO. 1317
CITY OF PALM DESERT
STAFF REPORT
REQUEST: ADOPTION OF ORDINANCE NO. 1317 AMENDING AND
UPDATING VARIOUS CHAPTERS AND SECTIONS OF THE
PALM DESERT MUNICIPAL CODE.
SUBMITTED BY: ROBERT HARGREAVES, CITY ATTORNEY
JILL TREMBLAY, DEPUTY CITY ATTORNEY
DATE: FEBRUARY 23, 2017
CONTENTS: ORDINANCE NO. 1317
Recommendation:
Adopt Ordinance No. 1317 ("Ordinance") amending and updating various chapters
and sections of the Palm Desert Municipal Code ("Code" or "PDMC").
Executive Summary:
Adoption of the Ordinance will ensure that the City of Palm Desert's ("City") Municipal
Code is consistent with current law, current policy, and other Municipal Code sections.
Discussion:
Every year the city attorney works with city staff to identify and correct or update
anomalies in the city code. The corrections and updates are considered administrative
in nature and do not involve policy considerations. The following is a synopsis of the
revisions proposed for this year.
(1) Chapter 2.52 Personnel System
Section 2.52.460 is proposed for deletion because the City Clerk no longer reports to
the City Council. The City Clerk reports to the City Manager and the salary is set by
resolution along with all other employee salaries.
Section 2.52.465 is proposed for modification because there is no longer a position of
Executive Director for the Redevelopment Agency ("RDA"). The City Manager is also
the Executive Director of the Successor Agency to the Redevelopment Agency. The
Code section, as existing, is a holdover from when the Executive Director of the RDA
was not the same person as the City Manager.
Staff Report — 2017 Palm Desert Municipal Code Update
February 23, 2017
Page No. 2
(2) Chapter 3.30 Public Works Contracts and Bidding Requirements
Section 3.30.020 is proposed for modification to specifically include the Public Works
Director's and City Engineer's authority to approve engineering plans for all City public
works projects. This delegation assists the City in establishing design immunity in
appropriate cases.
(3) Chapter 5.87 Massage Establishments and Chapter 5.90 Massage Practitioners
AB 2194, effective January 1, 2017, states that local governments cannot require a
California Massage Therapy Council (CAMTC) certificate holder to pass a criminal
background check or to submit fingerprints for a state or federal background check. As
such, Chapter 5.87 should be revised to comply with this new law.
Chapter 8.40 Recreational Vehicles on Private Property
Section 8.40.020 is proposed for modification so that it is consistent with Section
10.96.020, which provides that temporary parking permits are not required when a
person is simply loading/unloading and/or cleaning a recreational vehicle within a
consecutive twenty-four hour time period.
Section 8.40.060 is proposed for modification so that RV's permitted for storage on real
property may remain on the property, as lawful non -conforming uses, until the property
is sold. The current requirement to remove within a year is eliminated as it has not
been enforced.
Chapter 8.70 Property Maintenance
Section 8.70.080 is proposed for modification to conform to the City's policy that does
not allow storage of construction equipment visible from the public right of way.
Section 8.70.350 is proposed for modification to correct an inaccurate code reference.
Chapter 10.96 Recreational Vehicles
Section 10.96.010 is proposed for modification so that the definitions are consistent with
Section 8.40.020, which provides a comprehensive definition of the term "recreational
vehicle."
Chapter 11.01 General Provisions (Title 11 Parks)
Section 11.01.080 is proposed for modification so that the limits on kindling a fire in a
public park are clarified.
80237.00840\29556794.3
Staff Report — 2017 Palm Desert Municipal Code Update
February 23, 2017
Page No. 3
Chapter 15.26 Fire Code
Section 15.26.030(N) is proposed for modification to bring it into compliance with the
updated California Fire Code.
Chapter 28.06 General Provisions (Title 28 Flood Damage Prevention)
Section 28.06.020 is proposed for modification as requested by FEMA to include the
date of FEMA's original Flood Insurance Study and Flood Information Map.
Fiscal Impact:
There is no fiscal impact associated with the recommended action.
SUBMITTE'i BY:
Rert Har
Cit Attorn
APPROVAL:
Lauri Aylaian
City Manager
Attachment:
1. ORDINANCE NO. 1317 AMENDING AND UPDATING VARIOUS
CHAPTERS AND SECTIONS OF THE PALM DESERT MUNICIPAL CODE.
80237.00840\29556794.3
ORDINANCE NO. 1317
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING AND UPDATING
VARIOUS CHAPTERS AND SECTIONS OF THE
PALM DESERT MUNICIPAL CODE.
WHEREAS, the City of Palm Desert ("City") is updating various sections of the Palm
Desert Municipal Code ("Municipal Code"), described particularly herein below in Ordinance
No. , Amending and Updating Various Chapters and Sections of the Palm
Desert Municipal Code ("Ordinance"); and
WHEREAS, the City Council held a duly -noticed public hearing on the Ordinance on
February 23, 2017 to afford the public an opportunity to review and comments upon the
Ordinance; and
WHEREAS, the City is the Lead Agency under the California Environmental Quality
Act ("CEQA"), California Public Resources Code section 21000 et seq. and the State CEQA
Guidelines, California Code of Regulations, title 14, sections 15000 et seq.; and
WHEREAS, City staff has determined that the Ordinance is a "project" as defined in
Public Resources Code section 21065 and State CEQA Guidelines section 15378; and
WHEREAS, staff has determined that the Ordinance is exempt from the
requirements of the CEQA and the State CEQA Guidelines pursuant to State CEQA
Guidelines section 15061, subsection (b)(3); and
WHEREAS, no comments made at or before the public hearing demonstrate any
potential or possibility that the Ordinance would cause a significant effect on the
environment; and
WHEREAS, all other legal prerequisites to the presentation of this Ordinance have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA DOES ORDAIN AS FOLLOWS:
Section 1. Recitals. The City Council finds that the above recitals are true and
correct and, accordingly, are incorporated as a material part of this Ordinance.
Section 2. Amendment to Municipal Code Section 2.52.460. Municipal Code
Section 2.52.460 Salary —City clerk of the Municipal Code is hereby deleted in its entirety
as follows:
"2.52.460 erk. RESERVED
Tk+s calary of the city cky'k is s.
ORDINANCE NO. 1317
Section 3. Amendment to Municipal Code Section 2.52.465. Additions and
deletions to Municipal Code Section 2.52.465 Salary —City manager and executive director
of the redevelopment agency are hereby adopted as follows:
"2.52.465 Salary —City manager and executive director of the redevelopment
agency.
The city council and agency -beard sets the salaryies of the city manager and the
cpmcnt agency."
Section 4. Amendment to Municipal Code Section 3.30.020. Additions to
Municipal Code section 3.30.020 Municipal projects are hereby adopted as follows:
"3.30.020 Municipal projects.
A. Except on locally funded public works projects of twenty-five thousand dollars
or less when the project is for construction work, or fifteen thousand dollars or less when the
project is for alteration, demolition, repair or maintenance work, all contractors performing
work on city public works projects shall be subject to California Prevailing Wage Law,
codified at California Labor Code Section 1720 et seq., as it may be amended from time to
time.
B. The only limitation on the provisions of subsection A shall be in the event
federal funding requirements supersede state prevailing wage laws.
C. The Director of Public Works and City Engineer are authorized to approve
engineering plans for all public works of the City."
Section 5. Amendment to Municipal Code Section 5.87.050(A)(1)(a)(vii) and
(2)(4). Additions and deletions to Municipal Code section 5.87.050(A)(1)(a)(vii) and (2)(4)
Certified massage establishment —Permit required are hereby adopted as follows:
"5.87.050 Certified massage establishment —Permit required.
A. Any person desiring to own or operate an establishment to provide massage
services within the city shall file a massage establishment permit application on forms
provided by the city manager, submitted under penalty of perjury and containing all of the
following information:
1. State Certification Verification and Applicant Information.
a. A certified massage establishment applicant/owner shall produce:
vii. Fingorprintc, a.:bj o submit ta--Department
nuamit S
casts --far r�uce ant arrest —notice —for —renewal tp*li 'hcr the
applicant bcc any-ef-the-following
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ORDINANCE NO. 1317
u i ro 3 registration
under -California Ponsl
315 (keeping or residing in house -of ill fame), 316 (keeping disorderly house), 318
cmelin ,
(C) Convictions of any felony offense involving the sale of a controlled
aubotnnse--specified-in-Seotion 1194 1-066, 11056, 11057, or 11058 of the California
(D) Convictions of crimes designated in California Government Code Section
51032 (mmcca ,
(E) All injunctions -ter nuances under California Penal Code Soctions 11225
through 11235 (red light abs ecr ent law)T
c in any other state of any offense which, if committed or
atternpte+~ in thic stat cn pvnahsblc as one or more of the referenced
offenses cf this ojbdivision,
(G) Ccnc ire er-attompt to sommit sny d in cubroctions
).
vili. If the city finds the b&okground-check rocJlt3 in a finding -that
the-city-deterrnina io ra a mao�:.ge-estaba+shmen+t,the city
wtchl`hmont in and hot io in accordance -with
the -law.
4. Authorization for the City of Palm Desert, its agents and employees, to seek
information and conduct an investigation into the truth of the statements set forth in the
application and generally into the background of the applicant, without conducting anv type
of fingerprinting or formal background check.
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Section 6. Amendment to Municipal Code Section 5.87.070(A)(6). Deletions to
Municipal Code section 5.87.070(A)(6) Certified massage establishment —Permit issuance
are hereby adopted as follows:
"5.87.070 Certified massage establishment —Permit issuance.
A. The city manager may issue a massage establishment permit to a certified
massage establishment that demonstrates all of the following:
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ORDINANCE NO. 1317
—ter That the harr authorized by this
otvapter-ShOW3 that Bch person h& not been reguircd to register „nclor tho provisions-ef
ornic Pe ;
ant juris
);hen
or cmp -.ast five yaago; cn he not-becn oL.bjcct to an injunction- for
ono 11225 through 11235 within tho laot five yoars.
Section 7. Amendment to Municipal Code Section 5.90.040(C). Additions and
deletions to Municipal Code 5.90.040(C) Certificates of registration are hereby adopted as
follows:
"5.90.040 Certificates of registration.
C. If the application is denied, the city manager shall promptly give the
applicant written notice thereof and the findings for such denial. The applicant may
submit a written request for reconsideration with the city manager within ten calendar
days of the date of the city manager's written notice of denial. The request for
reconsideration shall be accompanied by a fifty -dollar filing fee, or other amount as
established from time to time by city council resolution. Upon receipt of the written
request, the city manager shall reconsider the application together with any new
records, documents, or information presented by the applicant, or discovered by the
city, and will provide a
written decision within thirty (30) calendar days. The city manager's decision on the
reconsideration shall be final.
Section 8. Amendment to Municipal Code Section 8.40.020. Additions to
Municipal Code section 8.40.020 Definition of recreational vehicles are hereby adopted as
follows:
"8.40.020 Definition of recreational vehicles.
Recreational vehicles" in this chapter mean and include, but are not limited to, the
following specific vehicles:
"Aircraft" is a general term applying to all manner of aircraft, whether impelled by
wind or mechanical devices, and which are designed for recreational or vacation use. An
aircraft when mounted upon a trailer shall be considered one unit.
"Camper" means a separate vehicle designed for human habitation and which can
be attached or detached from a pickup truck. When removed from the truck, campers are
called "unmounted campers." These campers are sometimes referred to as "truck campers"
and "overhead campers." Camper shells on pickup trucks are excluded from this definition.
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ORDINANCE NO. 1317
"Camping trailer" means a type of trailer or trailer coach, the walls of which are so
constructed as to be collapsible and made out of either canvas or similar cloth, or some
form of rigid material such as fiberglass, plastic or metal. The walls are collapsed while the
recreational vehicle is being towed or stored and are raised or unfolded when the vehicle
becomes temporary living quarters and is not being moved.
"Motor home" means a motorized vehicle that has a truck or motor van chassis
primarily designed to provide temporary living quarters for travel, camping, recreation and
vacation use.
"Off -road vehicles" means a dirt bike, dune buggy, off -road vehicle (two -wheel,
three -wheel, four-wheel or tracked).
"Travel trailer" means a trailer without its own motive power, designed as a
temporary dwelling for travel, camping, recreation and vacation use. This definition includes
fifth wheelers.
"Utility trailer" means a trailer without its own motive power designed and/or used for
the transportation of animals, goods, material, aircraft, watercraft and all manner of motor
vehicles.
"Watercraft" is a general term applying to all manner of watercraft, whether impelled
by wind, oars or mechanical devices, and which are designed primarily for recreation or
vacation use. A watercraft when mounted upon a trailer shall be considered one unit."
Section 9. Amendment to Municipal Code Section 8.40.060(D). Deletions to
Municipal Code section 8.40.060(D) Permit issuance to park recreational vehicles on private
property are hereby adopted as follows:
"8.40.060 Permit issuance to park recreational vehicles on private property.
A permit must be obtained in accordance with this section prior to storing a
recreational vehicle on private property.
D. Lawful existing recreational vehicle parking locations and screening devices
on private property at the time of adoption of the ordinance codified in this chapter, which do
not comply with the requirements of this chapter as amended, shall be deemed lawful
nonconforming uses, and shall be made to comply, be removed, or demolished upon
transfer of ownership of the property,
ante yards, a twelve-month am
The burden of proof of the approval of these lawful nonconforming
parking locations and/or screening devices shall be placed on the property owner.
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ORDINANCE NO. 1317
Section 10. Amendment to Municipal Code Section 8.70.080. Additions and
deletions to Municipal Code section 8.70.080 Construction equipment, machinery and
materials are hereby adopted as follows:
"8.70.080 Construction equipment, machinery and materials.
Construction equipment, machinery, or building materials of any type or description
shall not be parked or stored on any portion of the premises that is visible from the public
right-of-way or from adjacent properties except during excavation, construction, or
demolition operations conducted pursuant to an active building or grading permit for the
premises. In addition, vehicles towing cement mixers and other construction equipment
shall not be parked or stored in public view for morc than twelve hours at a location that is
not the site of an ongoing construction project."
Section 11. Amendment to Municipal Code Section 8.70.350. Additions and
deletions to Municipal Code section 8.70.350 Lighting are hereby adopted as follows:
"8.70.350 Lighting.
Any outdoor property lighting fixtures and lamps must comply with Chapter 8,28
24.16.015 of this code."
Section 12. Amendment to Municipal Code Section 10.96.010. Additions and
deletions to Municipal Code section 10.96.010 Recreational vehicles defined are hereby
adopted as follows:
"10.96.010 Recreational vehicle defined.
"Recreational vehicles" mcAns and includes, but is not limited to, any
without thQ trcnet:arting4railer-in this chapter mean and include, but is not limited to,
the following specific vehicles:
"Aircraft" is a general term applying to all manner of aircraft, whether impelled
by wind or mechanical devices, and which are designed for recreational or vacation
use. An aircraft when mounted upon a trailer shall be considered one unit.
"Camper" means a separate vehicle designed for human habitation and which
can be attached or detached from a pickup truck. When removed from the truck,
campers are called "unmounted campers." These campers are sometimes referred
to as "truck campers" and "overhead campers." Camper shells on pickup trucks are
excluded from this definition.
"Camping trailer" means a type of trailer or trailer coach, the walls of which
are so constructed as to be collapsible and made out of either canvas or similar
cloth, or some form of rigid material such as fiberglass, plastic or metal. The walls
are collapsed while the recreational vehicle is being towed or stored and are raised
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ORDINANCE NO. 1317
or unfolded when the vehicle becomes temporary living quarters and is not beina
moved.
"Motor home" means a motorized vehicle that has a truck or motor van
chassis primarily designed to provide temporary living quarters for travel, camping,
recreation and vacation use.
"Off -road vehicles" means a dirt bike, dune buggy, off -road vehicle -(two -
wheel, three -wheel, four-wheel or tracked).
"Travel trailer" means a trailer without its own motive power, designed as a
temporary dwelling for travel, camping, recreation and vacation use. This definition
includes fifth wheelers.
"Utility trailer" means a trailer without its own motive power designed and/or
used for the transportation of animals, goods, material, aircraft, watercraft and all
manner of motor vehicles.
'Watercraft" is a general term applying to all manner of watercraft, whether
impelled by wind, oars or mechanical devices, and which are designed primarily for
recreation or vacation use. A watercraft when mounted upon a trailer shall be
considered one unit."
Section 13. Amendment to Municipal Code Section 10.96.020. Additions to
Municipal Code section 10.96.020 Temporary parking permit procedure are hereby adopted
as follows:
"10.96.020 Temporary parking permit procedure.
F. No parking permit will be required for the sole purpose of any person
Ioadinq/unloading, and/or cleaning a recreational vehicle within a consecutive
twenty-four hour time period.
,,
Section 14. Amendment to Municipal Code Section 11.01.080(G). Additions and
deletions to Municipal Code section 11.01.080(G) Prohibited conduct generally are hereby
adopted as follows:
"11.01.080 Prohibited conduct generally.
Within the limits of any public park or recreation area of the city, no personal shall:
G. Make or kindle a fire exception in an picnic-stevo, rrazior, fire pit or
ether appropriate device provided or approved for that purpose by the public
authorities;
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ORDINANCE NO. 1317
17
Section 15. Amendment to Municipal Code Section 15.26.030(N). Municipal
Code Section 15.26.030 Amendments to the California Fire Code, Subsection N. Automatic
Sprinkler Systems is hereby amended as follows:
"1. Section 903.2 of the California Fire Code is deleted in its entirety and replaced
with the following:
903.2 Where required. In all new buildings and structures which are 3,000 square
feet or greater or where the combination of new additional square footaae and
existing square footage exceeds 3,000 square feet, an approved automatic sprinkler
system shall be provided regardless of occupancy classification. The fire -resistive
walls shall not be considered for reducing the fire area of the building and structures
for the purposes of this section. Where the Sections 903.2.1 — 903.2.19 of the
California Fire Code require more restrictive requirements than those listed below,
the more restrictive requirement shall take precedence.
Exception: Unless required elsewhere in this code or the California Building
Code, automatic fire sprinkler systems shall not be required for the following:
1. Detached Group U occupancies used for agricultural or livestock
purposes, less than 5,500 square feet, and having setback distances
of 50 feet or more from the property line and other buildings.
2. Detached non-combustible equestrian arena shade canopies that
are open on all sides and used for riding only - no commercial,
assembly or storage uses.
3. Detached fabric or non-combustible shade structures that are open
on all sides and used to shade playground equipment, temporary
storage of vehicles and dining areas with no cooking.
4. Detached Group U occupancy greenhouses less than 5,500 square
feet."
Section 16. Amendment to Municipal Code Section 28.06.020. Additions and
deletions to Municipal Code section 28.06.020 Basis for establishing the areas of special
flood hazard are hereby adopted as follows:
"28.06.020 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Insurance Administration
(FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study
(FIS) dated August 28, 2008 October 1979, and accompanying Flood Insurance Rate Maps
(FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated August 28, 2008 April
15, 1980, and all subsequent amendments and/or revisions, are adopted by reference and
declared to be a part of this title. This FIS and attendant mapping is the minimum area of
applicability of this title and may be supplemented by studies for other areas which allow
implementation of this title and which are recommended to the city council by the floodplain
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ORDINANCE NO. 1317
administrator. The study, FIRMs and FBFMs are on file at the public works department,
Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California."
SECTION 17.Severability. If any section, subsection, clause or phrase of this
Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or
unenforceable by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portion of the Ordinance. The City Council declares that it
would have passed each section, subsection, paragraph, sentence, clause, or phrase
thereof, irrespective of the fact that any one or more section, subsection, sentence, clause
or phrase would be declared invalid, unconstitutional or unenforceable.
Section 18. CEQA. The City Council hereby finds and determines that the Project is
exempt from CEQA pursuant to State CEQA Guidelines section 15061(b)(3) because it can
be seen with certainty that the Project would not have the potential or possibility for causing
a significant effect on the environment. Specifically, the proposed changes to the Municipal
Code are primarily administrative in nature and clean-up various inconsistencies that
existed in the prior version of the Municipal Code. Moreover, many of the changes are
technical in nature and do not allow for specific development. In reviewing the Project the
City Council has exercised its independent judgment and has reviewed and considered the
Project in Tight of all testimony received, both oral and written. Therefore, based upon the
entire administrative record, the City Council hereby determines that no further
environmental review is required for the proposed Project.
SECTION 19.Publication. The City Clerk of the City of Palm Desert, California, is
hereby directed to publish this Ordinance in the Desert Sun, a newspaper of general
circulation, published and circulated in the City of Palm Desert, California, and shall be in
full force and effective thirty (30) days after its adoption.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of
the City of Palm Desert, California, on this day of , 2017, by
the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
JAN C. HARNIK, MAYOR
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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